South Carolina General Assembly
116th Session, 2005-2006
Journal of the Senate

Wednesday, May 11, 2005
(Statewide Session)

Indicates Matter StrickenIndicates New Matter

The Senate assembled at 12: Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear words from ancient times, Joel 3:14, "Multitudes, multitudes, in the Valley of Decision! For the Day of the Lord is near in the Valley of Decision... The Lord also will roar from Zion."

Let us pray.

Father, indeed it appears that again the whole world is in a Valley of Decision.

"Guide us oh Thou Great Jehovah"!

We do not ask that we may understand all the mysteries of life and death - yet! But give us unity of mind and heart that, together, we may make right decisions for the economic, physical and spiritual welfare of our people!
Amen!

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

MESSAGE FROM THE GOVERNOR

The following appointment was transmitted by the Honorable Mark C. Sanford:

Statewide Appointment

Initial Appointment, Board of the South Carolina Department of Health and Environmental Control, with term to commence June 30, 2005, and to expire June 30, 2009

MESSAGE FROM THE GOVERNOR
State of South Carolina
Office of the Governor
P. O. Box 11369
Columbia, SC 29211
May 9, 2005

The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202

Dear Mr. President and Members of the Senate:

I am hereby returning without my approval S. 764 (Word version), R-62, an Act:
TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION OF CHESTER COUNTY, TO ABOLISH THE ELECTION COMMISSION AND THE REGISTRATION BOARD FOR CHESTER COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE ELECTION COMMISSION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE CHESTER COUNTY ELECTION COMMISSION AND THE CHESTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW CHESTER COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION ARE APPOINTED, AT WHICH TIME THE TERMS OF THE MEMBERS OF THE ELECTION COMMISSION AND REGISTRATION BOARD SHALL EXPIRE.

This veto is based on my belief that this bill is unconstitutional. S. 764, R-62 proposes to establish the Registration and Elections Commission of Chester County. As such, S. 764, R-62, affects only Chester County and is, therefore, clearly an act for a specific county. Such acts are in violation of Article VIII, Section 7 of the Constitution of the State of South Carolina, which provides that "[n]o laws for a specific county shall be enacted." Acts similar to S. 764, R-62 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7.

For this reason, I am returning S. 764, R-62 to you without my signature.

Sincerely,
Mark Sanford

VETO OVERRIDDEN

(R62, S764 (Word version)) -- Senator Short: AN ACT TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION OF CHESTER COUNTY, TO ABOLISH THE ELECTION COMMISSION AND THE REGISTRATION BOARD FOR CHESTER COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE ELECTION COMMISSION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE CHESTER COUNTY ELECTION COMMISSION AND THE CHESTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW CHESTER COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION ARE APPOINTED, AT WHICH TIME THE TERMS OF THE MEMBERS OF THE ELECTION COMMISSION AND REGISTRATION BOARD SHALL EXPIRE.

The veto of the Governor was taken up for immediate consideration.

Senator SHORT moved that the veto of the Governor be overridden.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., May 11, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.62, S. 764 by a vote of 5 to 0:

(R62, S764 (Word version)) -- Senator Short: AN ACT TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION OF CHESTER COUNTY, TO ABOLISH THE ELECTION COMMISSION AND THE REGISTRATION BOARD FOR CHESTER COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE ELECTION COMMISSION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE CHESTER COUNTY ELECTION COMMISSION AND THE CHESTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW CHESTER COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION ARE APPOINTED, AT WHICH TIME THE TERMS OF THE MEMBERS OF THE ELECTION COMMISSION AND REGISTRATION BOARD SHALL EXPIRE.
Very respectfully,
Speaker of the House

Received as information.

Motion to Ratify Adopted

At 1:58 P.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts prior to adjournment.

There was no objection and a message was sent to the House accordingly.

REGULATIONS WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 2928
Agency: Department of Health and Environmental Control
SUBJECT: Specific Project Standards of Tidelands and Coastal Waters - Docks
Received by Lieutenant Governor January 11, 2005
Referred to Fish, Game and Forestry Committee
Revised Legislative Review Expiration May 30, 2005
120 Day Period Tolled
Withdrawn and Resubmitted May 5, 2005

S. 721--CO-SPONSOR REMOVED

S. 721 (Word version) -- Senators McConnell, Knotts, Martin, Verdin, Land, Hutto, O'Dell, Fair and Bryant: A BILL TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIREMENT AND RETIREMENT ALLOWANCES FOR PURPOSES OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO ALLOW A SOLICITOR ELIGIBLE TO RETIRE WITH THE MAXIMUM RETIREMENT ALLOWANCE EQUAL TO NINETY PERCENT OF THE CURRENT SALARY OF A SOLICITOR TO RETIRE AND RECEIVE THIS RETIREMENT ALLOWANCE WHILE CONTINUING TO SERVE AS SOLICITOR, TO PROVIDE THAT A RETIRED SOLICITOR CONTINUING TO SERVE PAYS NO EMPLOYEE CONTRIBUTIONS, AND TO PROVIDE THAT EMPLOYER CONTRIBUTIONS MUST BE PAID AS IF THAT SOLICITOR WERE AN ACTIVE CONTRIBUTING MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS.

On motion of Senator FAIR, with unanimous consent, the name of Senator FAIR was removed as a co-sponsor of S. 721.

RECALLED

S. 362 (Word version) -- Senators J. Verne Smith and McGill: A BILL TO AMEND CHAPTER 50, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES, SO AS TO PROVIDE STANDARDS THE FACULTY OF THE SCHOOL MUST MEET TO TEACH AT THE SCHOOL, TO PROVIDE FOR THE COMPOSITION OF THE BOARD OF DIRECTORS OF THE SCHOOL, TO PROVIDE THAT OUT-OF-STATE OR INTERNATIONAL EXCHANGE STUDENTS SHALL PAY TUITION AS DETERMINED BY THE SCHOOL, TO CHANGE THE CHIEF EXECUTIVE OFFICER FROM THE EXECUTIVE DIRECTOR TO THE PRESIDENT, AND TO PROVIDE THAT THE BOARD OF DIRECTORS SHALL ADOPT POLICIES AND PROMULGATE REGULATIONS NECESSARY FOR THE OPERATION AND MANAGEMENT OF THE SCHOOL.

Senator HAYES asked unanimous consent to make a motion to recall the Bill from the Committee on Education.

There was no objection.

The Bill was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.

RECALLED

H. 3523 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-285 SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS IN CONJUNCTION WITH THE MATERIALS MANAGEMENT OFFICE OF THE BUDGET AND CONTROL BOARD SHALL DEVELOP, MAINTAIN, AND IMPLEMENT A MARKETING PLAN TO ATTRACT PRIVATE SECTOR BUSINESSES FOR THE EMPLOYMENT OF INMATES THROUGH THE PRISON INDUSTRIES PROGRAM; AND BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS MAY ENTER INTO CONTRACTS WITH PRIVATE SECTOR ENTITIES THAT ALLOW INMATE LABOR TO BE PROVIDED FOR PRISON INDUSTRY SERVICE WORK.

Senator FAIR asked unanimous consent to make a motion to recall the Bill from the Committee on Corrections and Penology.

There was no objection.

The Bill was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.

RECALLED

S. 751 (Word version) -- Senators McConnell, Moore and Ritchie: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 25, 2005, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 12, WHOSE TERM EXPIRES JUNE 30, 2008; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT FOR THE SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2007.

Senator McCONNELL asked unanimous consent to make a motion to recall the Resolution from the Committee on Judiciary.

There was no objection.

The Resolution was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.

RECALLED AND READ THE SECOND TIME

H. 3997 (Word version) -- Reps. McLeod and Duncan: A BILL TO AMEND SECTION 7-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN NEWBERRY COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS OF NEWBERRY COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

Senator CROMER asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

The Bill was recalled from the Committee on Judiciary.

Senator CROMER asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

The Bill was read the second time, passed and ordered to a third reading.

H. 3997--Ordered to a Third Reading

On motion of Senator CROMER, H. 3997 was ordered to receive a third reading on Thursday, May 12, 2005.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 829 (Word version) -- Senator Short: A SENATE RESOLUTION TO HONOR LANCE ROBERTS OF CHESTER, SOUTH CAROLINA, COACH AND TEACHER AT CHESTER HIGH SCHOOL, TO THANK HIM FOR OVER A DECADE OF SERVICE TO THE STUDENTS AND ATHLETES OF THE SCHOOL, AND TO WISH HIM GOOD HEALTH AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 830 (Word version) -- Senator Jackson: A SENATE RESOLUTION TO COMMEND THE SOUTH CAROLINA DEPARTMENT OF CONSUMER AFFAIRS FOR THIRTY YEARS OF OUTSTANDING SERVICE TO THE CITIZENS OF OUR STATE.
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Whereas, the Honorable Ernest Frederick "Fritz" Hollings of Charleston served the people of South Carolina since 1949; and

Whereas, Fritz Hollings is one of the state's outstanding leaders and statesmen of the modern era; and

Whereas, Senator Hollings has served in the South Carolina House of Representatives, as President of the South Carolina Senate, as Lieutenant Governor, as Governor, and as United States Senator; and

Whereas, he presided over the South Carolina Senate from 1955 through 1959 - maintaining order and discipline during some tumultuous budget times; and

Whereas, under his leadership as Governor, for the first time since 1895, South Carolina had a balanced budget; and

Whereas, Fritz Hollings is known as the "Father of Technical Education" in this State - establishing a system which enabled South Carolinians who grew up on farms and in mill towns to learn marketable vocational skills for the first time; and

Whereas, after thirty-eight years of service in the United States Senate, Senator Hollings retired from elected office but will never retire from working for the people of South Carolina; and

Whereas, the members of the South Carolina Senate are desirous of asking Senator Hollings to address them during their session. Now, therefore,

Be it resolved by the Senate:

That the Honorable Ernest F. "Fritz" Hollings, distinguished former Governor and United States Senator of South Carolina, is invited to address the South Carolina Senate during its session at 1:00 p.m. on Wednesday, May 11, 2005.

Be it further resolved that a copy of this resolution be forwarded to Senator Hollings.

The Senate Resolution was adopted.

SENATE ASSEMBLY
Privilege of the Floor
Presentation of the Order of the Palmetto

On motion of Senator McCONNELL, with unanimous consent, the Privilege of the Floor was extended to the Honorable Mark Sanford, Governor of South Carolina, and the Honorable Ernest F. "Fritz" HOLLINGS, distinguished former Governor and United States Senator of South Carolina to address the Senate.

Senators MALLOY and McCONNELL escorted Governor Sanford and Senator HOLLINGS to the podium.

Senator MALLOY addressed the Senate and introduced his Excellency, Mark Sanford, Governor of South Carolina.

Governor Sanford addressed the Senate.

On behalf of a grateful State, Governor Sanford presented the Order of the Palmetto to Senator HOLLINGS.

Senator HOLLINGS addressed the Senate.

The purpose of the Senate Assembly having been accomplished, the Senate resumed.

S. 832 (Word version) -- Senator Short: A SENATE RESOLUTION TO HONOR AND RECOGNIZE MRS. DINAH BELL STONE OF RIDGEWAY FOR HER OUTSTANDING SERVICE IN FURTHERANCE OF HER FAITH AND FOR HER COMMITMENT TO HER FAMILY, CAREER, AND COMMUNITY, AS SHE CELEBRATES HER SEVENTY-FIFTH BIRTHDAY ON MAY 24, 2005.
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The Senate Resolution was adopted.

S. 833 (Word version) -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE DEATH OF ARMY SPECIALIST JASON LYLE MOSKI OF AIKEN COUNTY, WHILE SERVING HIS COUNTRY IN IRAQ, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.

S. 834 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE FRANK ADAMS OF GADSDEN FOR BEING NAMED SOUTH CAROLINA'S 2005 STATE HANDWRITING CHAMPION IN THE NATIONAL HANDWRITING CONTEST.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 835 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO COMMEND AND HONOR DR. RONALD D. BARTON, SENIOR PASTOR OF SHADY OAK BAPTIST CHURCH IN GREENVILLE, FOR HIS FAITHFUL SERVICE AND OUTSTANDING CONTRIBUTIONS TO HIS CONGREGATION AND HIS COMMITMENT TO HIS FAMILY AND COMMUNITY, AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FURTHER ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 836 (Word version) -- Senator Moore: A BILL TO AMEND JOINT RESOLUTION 210 OF 1987, RELATING TO THE PURCHASE OF NOTES OF THE CLARK'S-HILL RUSSELL AUTHORITY BY THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD AND THE INTEREST RATE ON THESE NOTES, SO AS TO PROVIDE THAT THE INTEREST RATE MUST BE DETERMINED PERIODICALLY BY THE STATE TREASURER, RATHER THAN SET AT A RATE OF EIGHT PERCENT PER YEAR.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 836--Ordered to a Second and Third Reading

On motion of Senator LEATHERMAN, with unanimous consent, S. 836 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 837 (Word version) -- Senators Ritchie, Richardson, Cromer, Fair, Mescher, Sheheen, Martin, Grooms and Knotts: A BILL TO AMEND TITLE 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLANNING, RESEARCH, AND DEVELOPMENT, BY ADDING CHAPTER 18 SO AS TO ESTABLISH THE SOUTH CAROLINA RESEARCH AND DEVELOPMENT JOB CREATION AUTHORITY WHICH SHALL UTILIZE THE CAPABILITIES OF THIS STATE'S SENIOR RESEARCH UNIVERSITIES TO PROMOTE THE DEVELOPMENT OF TARGETED SECTORS OF THE ECONOMY OF THIS STATE AND THE JOBS THEY CREATE, TO ESTABLISH A RESEARCH AND DEVELOPMENT JOB CREATION FUND TO BE ADMINISTERED BY THE BOARD OF THE AUTHORITY FROM WHICH INDUCEMENTS IN THE FORM OF MONETARY CERTIFICATES REDEEMABLE AT THE THREE SENIOR RESEARCH UNIVERSITIES MAY BE ISSUED TO PROVIDE THE JOB CREATING COMPANY WITH PRODUCT DEVELOPMENT AND OTHER ASSISTANCE FROM THE RESEARCH UNIVERSITY BASED ON THE NUMBER AND COMPENSATION LEVEL OF THE SCIENTIFIC JOBS CREATED, TO PROVIDE FOR THE MANNER OF FUNDING FOR THE RESEARCH AND DEVELOPMENT JOB CREATION FUND, AND TO PROVIDE THAT THE ABOVE PROVISIONS EXPIRE ON JUNE 30, 2010, UNLESS REAUTHORIZED BY THE GENERAL ASSEMBLY.
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H. 3773 (Word version) -- Reps. Vick, W. D. Smith, Littlejohn, Agnew, Ballentine, Haley, Lucas, Ott, Hardwick, Witherspoon, Cobb-Hunter and Anderson: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX THE GROSS PROCEEDS OF SALES OR SALES PRICE OF GOLD, SILVER, AND PLATINUM BULLION, COINS, AND CURRENCY AND TO REQUIRE THE RETAILER TO MAINTAIN PROPER DOCUMENTATION AS REQUIRED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE FOR EACH EXEMPT SALE.

Read the first time and referred to the Committee on Finance.

H. 4040 (Word version) -- Reps. Cooper and Tripp: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 20 FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 185 (THE SOUTHERN CONNECTOR) IN GREENVILLE COUNTY TO THE BRIDGE THAT CROSSES THE SALUDA RIVER AT THE GREENVILLE-ANDERSON COUNTY LINE THE "SERGEANT JOE R. HOOPER HIGHWAY", AND TO ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "SERGEANT JOE R. HOOPER HIGHWAY".

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 4058 (Word version) -- Reps. McCraw, Phillips and Littlejohn: A CONCURRENT RESOLUTION CONGRATULATING THE GAFFNEY HIGH SCHOOL "INDIANS" BASKETBALL TEAM OF SPARTANBURG COUNTY ON THEIR 2005 SOUTH CAROLINA CLASS AAAA STATE TITLE, AND HONORING THE PLAYERS AND COACH MARK HUFF ON THEIR IMPRESSIVE SEASON.

H. 4068 (Word version) -- Reps. R. Brown, Breeland, Merrill, Altman, Chellis, Dantzler, Hagood, Harrell, Mack, Scarborough, Young, Limehouse and Whipper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF UNITED STATES HIGHWAY 17 SOUTH, HUGHES ROAD (S-10-738), AND OLD CHARLESTON ROAD (S-10-1024) IN CHARLESTON COUNTY THE "CLIFFORD V. GADSDEN MEMORIAL INTERSECTION" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "CLIFFORD V. GADSDEN MEMORIAL INTERSECTION".

On motion of Senator FORD, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

REPORT OF STANDING COMMITTEE

Senator THOMAS from the Committee on Banking and Insurance submitted a favorable report on:

H. 3454 (Word version) -- Reps. Cotty and Harrison: A BILL TO AMEND SECTION 29-3-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHODS OF ENTERING A MORTGAGE SATISFACTION, SO AS TO FURTHER PROVIDE FOR THE CONTENTS OF THE AFFIDAVIT THAT AN ATTORNEY IS PERMITTED TO FILE IN REGARD TO A MORTGAGE WHICH HE HAS SATISFIED.

Ordered for consideration tomorrow.

S. 49--REPORT OF THE
COMMITTEE OF CONFERENCE ADOPTED

S. 49 (Word version) -- Senators Hayes, Elliott, Hutto, Leventis, Rankin, Patterson, Land, Short, Richardson, Lourie, McConnell and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-290 SO AS TO REQUIRE HEALTH INSURANCE PLANS TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL ILLNESS OR ALCOHOL OR SUBSTANCE ABUSE, TO ALLOW A PLAN THAT DOES NOT PROVIDE FOR MANAGEMENT OF CARE OR THE SAME DEGREE OF MANAGEMENT OF CARE FOR ALL HEALTH CONDITIONS TO PROVIDE COVERAGE FOR SUCH TREATMENT THROUGH A MANAGED CARE ORGANIZATION, TO ESTABLISH TREATMENT CONDITIONS TO QUALIFY FOR COVERAGE, AND TO REQUIRE THE DEPARTMENT OF INSURANCE TO REPORT TO THE GENERAL ASSEMBLY ON THE FISCAL IMPACT.

On motion of Senator HAYES, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator HAYES spoke on the report.

On motion of Senator HAYES, the Report of the Committee of Conference to S. 49 was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:
Senators Hayes, Elliott, Hutto, Leventis, Rankin, Patterson, Land, Short, Richardson, Lourie, McConnell and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-290 SO AS TO REQUIRE HEALTH INSURANCE PLANS TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL ILLNESS OR ALCOHOL OR SUBSTANCE ABUSE, TO ALLOW A PLAN THAT DOES NOT PROVIDE FOR MANAGEMENT OF CARE OR THE SAME DEGREE OF MANAGEMENT OF CARE FOR ALL HEALTH CONDITIONS TO PROVIDE COVERAGE FOR SUCH TREATMENT THROUGH A MANAGED CARE ORGANIZATION, TO ESTABLISH TREATMENT CONDITIONS TO QUALIFY FOR COVERAGE, AND TO REQUIRE THE DEPARTMENT OF INSURANCE TO REPORT TO THE GENERAL ASSEMBLY ON THE FISCAL IMPACT.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 4/18/05-S.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/ SECTION 1. Chapter 71, Title 38 of the 1976 Code is amended by adding:

"Section 38-71-290. (A) As used in this section:

(1) 'Health insurance plan' means a health insurance policy or health benefit plan offered by a health insurer or a health maintenance organization, including a qualified health benefit plan offered or administered by the State, or a subdivision or instrumentality of the State, that provides health insurance coverage as defined by Section 38-71-670(6).

(2) 'Mental health condition' means the following psychiatric illnesses as defined by the 'Diagnostic and Statistical Manual of Mental Disorders - Fourth Edition (DSM-IV)', and subsequent editions published by the American Psychiatric Association:

(B) A health insurance plan must provide coverage for treatment of a mental health condition and may not establish a rate, term, or condition that places a greater financial burden on an insured for access to treatment for a mental health condition than for access to treatment for a physical health condition in similar settings and treatment modalities. Any deductible or out-of-pocket limits required under a health insurance plan must be comprehensive for coverage of both mental health and physical health conditions.

(C) A health insurance plan that does not otherwise provide for management of care under the plan, or that does not provide for the same degree of management of care for all health conditions, may provide coverage for treatment of mental health conditions through a managed care organization if the managed care organization is in compliance with regulations promulgated by the director. The regulations promulgated by the director must ensure that timely and appropriate access to care is available, that the quantity, location, and specialty distribution of health care providers is adequate, and that administrative or clinical protocols do not prevent access to medically necessary treatment for the insured.

(D) A health insurance plan complies with this section if at least one choice for treatment of mental health conditions provided to the insured within the plan has rates, terms, and conditions that place no greater financial burden on the insured than for access to treatment of physical conditions in similar settings and treatment modalities. The director may disapprove a plan that the director determines to be inconsistent with the purposes of this section.

(E) To be eligible for coverage under this section for the treatment of mental illness, the treatment must be rendered by a licensed physician, licensed mental health professional, or certified mental health professional in a mental health facility that provides a program for the treatment of a mental health condition pursuant to a written treatment plan. A health insurance plan may require a mental health facility, licensed physician, or licensed or certified mental health professional to enter into a contract as a condition of providing benefits.

(2) supersede the provisions of federal law, federal or state Medicaid policy, or the terms and conditions imposed on a Medicaid waiver granted to the State for the provision of services to individuals with mental health disorders; or

(3) require a health insurance plan to provide rates, terms, or conditions for access to treatment for mental illness that are identical to rates, terms, or conditions for access to treatment for a physical condition."

SECTION 2. Before July 1, 2008, the Department of Insurance shall report to the General Assembly an estimate of the impact of this act on health insurance costs.

SECTION 3. The State Employee Insurance Program shall continue to provide mental health parity in the same manner and with the same management practices as included in the plan beginning in 2002, and is not under the jurisdiction of the Department of Insurance. The continuation by the State Employee Insurance Program of providing mental health parity in accordance with the plan set forth in 2002 constitutes compliance with this act.

SECTION 4. This act does not apply to a health insurance plan that is individually underwritten and does not apply to a health insurance plan provided to a small employer, as defined by Section 38-71-1330(17) of the 1976 Code.

SECTION 5. This act takes effect June 30, 2006, and applies to health insurance plans issued or renewed on or after the effective date of this act. /

Amend title to read:

/ TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-290 SO AS TO REQUIRE HEALTH INSURANCE PLANS TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL ILLNESS, TO ALLOW A PLAN THAT DOES NOT PROVIDE FOR MANAGEMENT OF CARE OR THE SAME DEGREE OF MANAGEMENT OF CARE FOR ALL HEALTH CONDITIONS, TO PROVIDE COVERAGE FOR MENTAL HEALTH TREATMENT THROUGH A MANAGED CARE ORGANIZATION, TO ESTABLISH TREATMENT CONDITIONS TO QUALIFY FOR COVERAGE, TO REQUIRE THE DEPARTMENT OF INSURANCE TO REPORT TO THE GENERAL ASSEMBLY ON THE IMPACT OF THIS ACT ON HEALTH INSURANCE COSTS, AND TO PROVIDE EXCEPTIONS./

/s/Sen. Robert W. Hayes, Jr. /s/Rep.Harry F. Cato
/s/Sen. Larry A. Martin /s/Rep. Robert W. Leach
/s/Sen. Linda H. Short Rep. Daniel L. Tripp
On Part of the Senate. On Part of the House.

, and a message was sent to the House accordingly.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

HOUSE BILL RETURNED

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 3499 (Word version) -- Reps. Harrell, Wilkins, Townsend, Leach, Bales, G.R. Smith, J.R. Smith, Battle, Cobb-Hunter, Neilson, Clark, Harrison, Skelton, Moody-Lawrence, Rice, Harvin, Ott, J.E. Smith, Merrill, Mack, Hinson, Cotty, Norman, Talley, Chellis, Hardwick, Clemmons, Bailey, Dantzler, Walker, Cooper, E.H. Pitts, Ballentine, Bowers, Huggins and Hagood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, ENTITLED PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS, TO TITLE 59 SO AS TO ESTABLISH PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS IN ELEMENTARY SCHOOLS, TO PROVIDE FOR THE AMOUNT OF PHYSICAL EDUCATION INSTRUCTION A STUDENT IN KINDERGARTEN THROUGH FIFTH GRADE MUST RECEIVE EACH WEEK ON A PHASED-IN BASIS, PROVIDE FOR A MEASURE OF EFFECTIVENESS OF THE PHYSICAL EDUCATION PROGRAM IN ALL PUBLIC SCHOOLS, PROVIDE FOR A PHYSICAL EDUCATION ACTIVITY DIRECTOR, PROVIDE CERTAIN NUTRITIONAL STANDARDS FOR ELEMENTARY SCHOOLS, PROVIDE THAT ELEMENTARY SCHOOLS SHALL REMOVE CERTAIN FOOD AND DRINKS FROM VENDING MACHINES, PROVIDE THE MINIMUM AMOUNT OF TIME ELEMENTARY SCHOOL STUDENTS MUST HAVE TO EAT LUNCH, PROVIDE FOR THE ESTABLISHMENT OF A DISTRICT LEVEL AND AN ELEMENTARY SCHOOL LEVEL COORDINATED SCHOOL HEALTH ADVISORY COUNCIL AND PROVIDE ITS POWERS AND DUTIES, PROVIDE FOR NUTRITIONAL EDUCATION, AND PROVIDE A MEASURE OF EFFECTIVENESS OF HEALTH EDUCATION PROGRAMS.

Senator HAYES explained the Bill.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 708 (Word version) -- Senators McConnell, Leatherman, Land, Thomas, Drummond, Alexander and Hawkins: A BILL TO AMEND SECTION 8-13-770, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON MEMBERS OF THE GENERAL ASSEMBLY SERVING ON BOARDS AND COMMISSIONS, SO AS TO ADD THE COMMISSION ON INDIGENT DEFENSE TO THE LIST OF EXCEPTIONS; TO AMEND ARTICLE 3, CHAPTER 3, TITLE 17, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION, TO REVISE THE DUTIES OF THE COMMISSION, THE OFFICE OF INDIGENT DEFENSE, AND THE EXECUTIVE DIRECTOR OF THE OFFICE OF INDIGENT DEFENSE, TO CREATE THE DIVISION OF APPELLATE DEFENSE WITHIN THE OFFICE OF INDIGENT DEFENSE, TO TRANSFER ALL DUTIES, RIGHTS, AND OBLIGATIONS OF THE FORMER COMMISSION AND OFFICE OF APPELLATE DEFENSE TO THE DIVISION OF APPELLATE DEFENSE, TO PROVIDE SPECIFICALLY FOR THE DUTIES AND OPERATION OF THE DIVISION OF APPELLATE DEFENSE, AND TO REPEAL CHAPTER 4, TITLE 17 RELATING TO THE COMMISSION AND OFFICE OF APPELLATE DEFENSE.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD0708.002), which was adopted:

Amend the bill, as and if amended, page 4, by striking line 28 and inserting:

/ Section 17-3-310. (A) There is created the Commission on /

Amend the bill further, as and if amended, on page 5, in Section 17-3-340(C)(1), as contained in SECTION 2, by striking lines 36-43 in their entirety and inserting therein the following:

/ (1)It shall represent any person, who the office determines, subject to court review, falls within the guidelines promulgated pursuant to Section 17-3-310(F)(2), who files Notice of Intention to Appeal, or desires to appeal a conviction in any trial court, or decision of any proceeding in civil commitment or other voluntary placement in a state, county, or municipal facility. Any person desiring representation by the division shall request a determination of his indigency status in writing from the Supreme /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

H. 3108 (Word version) -- Reps. M.A. Pitts, Barfield, Taylor, Mahaffey, Duncan, Umphlett and Whipper: A BILL TO AMEND SECTION 40-47-211, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION OF THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO ADD TWO LAY MEMBERS FROM EACH CONGRESSIONAL DISTRICT TO BE ELECTED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT EACH MEDICAL DISCIPLINARY COMMISSION PANEL FROM A CONGRESSIONAL DISTRICT HEARING AND INVESTIGATING COMPLAINTS AGAINST A PARTICULAR PHYSICIAN OR PHYSICIANS MUST CONTAIN AT LEAST ONE LAY MEMBER OF THE COMMISSION FROM THAT CONGRESSIONAL DISTRICT.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.

(The following amendment proposed by Senator HAYES, bearing Doc. No. JUD3108.002, was adopted previously on April 6, 2005:

Amend the Committee Report, by striking it in its entirety and inserting therein the following:

/Amend the bill, as and if amended, by striking all after the enacting words and inserting:

// SECTION 1. Section 40-47-211 of the 1976 Code, as last amended by an Act bearing Ratification No. 33, is further amended to read:

"Section 40-47-211. (A) There is created the Medical Disciplinary Commission of the State Board of Medical Examiners to be composed of forty-eight members. Of these, thirty-six must be licensed physicians practicing their profession. Five physician commissioners must be elected from each of the six congressional districts, and six physician members of the commission must be elected at large from across the State. The board shall conduct the elections, and the elections for the physician members shall provide for participation by any physician currently licensed and actively practicing medicine in South Carolina and residing in the congressional district in which the election is held. At-large physician members must be currently licensed and actively practicing medicine in South Carolina and must reside within the State at the time of election and throughout their terms. One physician commissioner initially elected from each district shall serve for a term of one year and until his successor is elected and qualifies, one physician commissioner initially elected from each district shall serve for a term of two years and until his successor is elected and qualifies, and one physician commissioner initially elected from each district shall serve for a term of three years and until his successor is elected and qualifies. The successors of the initial physician commissioners shall serve for terms of three years or until their successors are elected and qualify. The members of the commission are limited to three terms. The members appointed to the board may not simultaneously serve as a commissioner. In case of any vacancy by way of death, resignation, or otherwise, the board shall appoint a successor to serve for the unexpired term. Where justice, fairness, or other circumstances so require, the board may appoint past commissioners to hear complaints in individual cases.

(B) Twelve members of the commission must be lay commissioners who each must have, at a minimum, a baccalaureate degree or the equivalent, and have no ascertainable ties to the health care industryhigher, must not be employed in, or have a member of their immediate family employed in, a health care related field, and must not have been convicted of a felony or a crime of moral turpitude. Two lay commissioners must be appointed by the Governor from each of the six congressional districts, with the advice and consent of the Senate. Each lay commissioner must be a registered voter and reside in the congressional district he represents throughout his term. Each lay commissioner initially elected from each district shall serve for a term of three years and until his successor is elected and qualifies. The lay commissioners are limited to three consecutive terms.Vacancies must be filled in the manner of the original appointment for the remainder of the unexpired term. The Governor may appoint a lay commissioner to serve a full term; however, a lay commissioner may not serve more than three terms.

(C) The commission is empowered to investigate and hear those complaints against physicians (medical and osteopathic) filed with the board pursuant to Section 40-47-200. The hearing must be conducted in accordance with Act 176 of 1977 (Administrative Procedures Act) and with regulations promulgated by the board and must be before a panel composed of at least three commissioners designated by the board, and one of those three commissioners must be a lay member. The panel is empowered to hear the matters complained of and to make findings of fact and recommendations as to disposition of those matters to the board. The panel shall make a certified report of the proceedings before it, including its findings of fact, conclusions, and recommendations, which must be filed together with a transcript of the testimony taken and exhibits as may have been in evidence before it with the administrator of the board, and a copy of the report must be delivered to the office of general counsel and the licensee or his counsel."

SECTION 2. This act takes effect upon approval by the Governor./ //

Renumber sections to conform.

Amend title to conform.

Medical Affairs Committee proposed the following amendment (NBD\11623AC05), which was adopted, as previously amended:

Amend the bill, as and if amended, by deleting Section 40-47-211(C) and inserting:

/ (C)In addition to the above members of the commission, the Governor shall appoint two lay members from each congressional district who must be residents of the congressional districts that they represent, must have a baccalaureate degree or higher, must not be employed in, or have a member of their immediate family employed in, a health or medically related field, and must not have been convicted of a felony or a crime of moral turpitude. Each lay member shall serve for a term of three years and until his successor is appointed and qualifies. Vacancies must be filled in the manner of the original appointment for the remainder of the unexpired term. The Governor may reappoint a member to serve a full term; however, a lay member may not serve more than three terms./

Amend the bill, as and if amended, page 2, line 33 by inserting an appropriately numbered section:

/ SECTION ___. Section 40-47-213 of the 1976 Code is amended to read:

"Section 40-47-213. (A)(1)NoA person connected with any complaint, investigation, or other proceeding before the board, including, but not limited to, any witness, counsel, counsel's secretarystaff, board member, board employee, court reporter, or investigator, may not mention the existence of the complaint, investigation, or other proceeding or disclose any information pertaining to the complaint, investigation, or other proceeding,tending to identify the initial complainant or a witness, or discuss any testimony or other evidence in the complaint, investigation, or other proceeding, except as otherwise provided in this section.

(2)Information may be disclosed to persons involved and having a direct interest in the complaint, investigation, or other proceeding, and then only to the extent necessary for the proper disposition of the complaint, investigation, or other proceeding. The name of the initial complainant must be provided to the licensee who is the subject of the complaint, investigation, or proceeding unless the board, hearing officer, or panel determines there is good cause to withhold that information.

(3)However, wheneverWhen the board receives information in any complaint, investigation, or other proceeding before it indicating a violation of state or federal law, the board may provide that information, to the extent the board considers necessary, to the appropriate state or federal law enforcement agency or regulatory body.

(B)When a formal complaint is made regarding allegations of misconduct, the formal complaint and an answer must become available for public inspection and copying ten days after the filing of the answer or, if no answer is filed, ten days after the expiration of the time to answer. Once the formal complaint becomes available for public inspection and copying, subsequent records and proceedings relating to the misconduct allegations must be open to the public except as otherwise provided in this section.

(1)Patient records and identities shall remain confidential unless the patient or legal representative of the patient consents in writing to the release of the records.

(2)If allegations of incapacity of licensee due to physical or mental causes are raised in the complaint or answer, all records, information, and proceedings, relating to those allegations of incapacity must remain confidential; provided, however, any order relating to the licensee's authorization to practice must be made public, but the order must not disclose the nature of the incapacity.

(C)Once a proceeding becomes public as provided in this section, there is a presumption that any hearing, other proceeding, or record must remain public unless a party to a proceeding makes a showing on the record before the board, hearing officer, or panel that closure of the hearing or the record, in whole or in part, is essential to protect patients, witnesses, or the respondent from unreasonable disclosure of personal or confidential information. Public notice must be given of the request or motion to close any portion of a hearing or record, and the board, hearing officer, or panel shall provide an opportunity for a person opposing the closure to be heard prior to the decision on closure being made.

(D)Subject to the right of public access and utilizing the procedure regarding closure described in this section, a witness in a proceeding or a patient whose care is at issue in a proceeding may petition the board, hearing officer, or panel for an order to close the hearing or record, in whole or part, to protect the witness or patient from unreasonable disclosure of personal or confidential information; provided, however, the identity of a minor or sexual boundary victim must remain confidential without a motion being made.

(E)Upon a finding on the record that the health or safety or the personal privacy of a witness or patient would be put at risk unreasonably by the public disclosure of identifying information or of other personal information, the board, hearing officer, or panel may issue an order to protect the witness or patient from the harm shown to be probable from public disclosure.

Nothing contained in this section may be construed so as to prevent the board from making public a copy of its final order in any proceeding as authorized or required by law." /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

Senator RYBERG objected to further consideration of the Bill.

COMMITTEE AMENDMENT ADOPTED
CARRIED OVER

H. 3224 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 62-5-504, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH CARE POWERS OF ATTORNEY AND RELATED DEFINITIONS, SO AS TO PROVIDE THAT ANY DOCUMENT DEALING SUBSTANTIALLY WITH THE SAME ISSUES AND HAVING SUBSTANTIALLY THE SAME REQUIREMENTS AS TO THE QUALIFICATIONS OF THE HEALTH CARE AGENT AND THE REQUIRED WITNESSES, INCLUDING, BUT NOT LIMITED TO, THE "FIVE WISHES" FORMAT, IS DEEMED TO COMPLY WITH THE REQUIREMENTS OF LAW FOR HEALTH CARE POWERS OF ATTORNEY.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD3224.003), which was adopted:

Amend the bill, as and if amended, Section 62-5-504(S)(2)(g) on page 2, by striking lines 18-19 and inserting:

/(g) any written statements that the principal may wish to have communicated on his behalf." /

Renumber sections to conform.

Amend title to conform.

Senator RITCHIE explained the committee amendment.

The committee amendment was adopted.

On motion of Senator McCONNELL, the Bill was carried over.

CARRIED OVER

S. 72 (Word version) -- Senators Ritchie, Jackson, Ryberg, Mescher, Richardson and Ford: A BILL TO AMEND SECTION 56-1-176, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL ATTENDANCE CONDITIONS ASSOCIATED WITH THE ISSUANCE OF CONDITIONAL AND SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT THESE AND ADDITIONAL CONDITIONS SHALL APPLY TO THE ISSUANCE OR REINSTATEMENT OF A BEGINNER'S PERMIT, CONDITIONAL DRIVER'S LICENSE, SPECIAL RESTRICTED DRIVER'S LICENSE, AND A REGULAR DRIVER'S LICENSE ISSUED TO A PERSON LESS THAN SEVENTEEN YEARS OF AGE, TO PROVIDE FOR THE SUSPENSION OF A PERSON'S PERMIT OR LICENSE IF HE FAILS TO COMPLY WITH THESE CONDITIONS, AND TO REQUIRE THAT THE SUSPENSION REMAIN IN EFFECT UNTIL THE PERSON HAS DEMONSTRATED COMPLIANCE WITH THESE CONDITIONS FOR ONE FULL SEMESTER SUBSEQUENT TO THE SEMESTER DURING WHICH HIS PERMIT OR LICENSE WAS SUSPENDED.

Senator HUTTO spoke on the Bill.

On motion of Senator SHEHEEN, the Bill was carried over.

THE SENATE PROCEEDED TO A CONSIDERATION OF REPORTS OF COMMITTEES OF CONFERENCE AND FREE CONFERENCE.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: ( Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:/ SECTION 1. In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for fiscal year 2004-2005 the following amounts:

(1) Debt Service 12,000,000

(2) Barnwell Trust Fund 4,527,866

(3) Department Of Commerce

Repay Insurance Reserve Fund 3,500,000

(4) State Department Of Education

(A) School Buses 7,584,957

(B) Governor's School For The Arts

Deferred Maintenance 775,000

(C) Governor's School - Math & Science

Deferred Maintenance 775,000

(5) Department Of Social Services

(A) Child Support Enforcement

Computer System 11,500,000 (B) Greenville Urban League 86,000

(6) Educational Television Commission

Education Satellite Service 1,400,000

(7) Wil Lou Gray Opportunity School

HVAC 2,000,000

(8) Francis Marion University

College of Nursing Building 1,500,000

(9) Board For Technical And Comprehensive

Education

Orangeburg Technical College 2,000,000

(10) Department Of Public Safety

(A) Vehicles For New

Law Enforcement Officers 3,724,080

(B) Vehicles To Replace Existing High

Mileage Vehicles 3,000,000

(C) Renovation Of Criminal Justice

Academy

Roof, Dormitories & Classrooms 1,500,000

(D) One-Time Costs For Consolidation

Of Dispatch Offices 200,000

(11) Department Of Corrections

(A) Vehicle Radio & Security 1,247,953

(B) Second Chance Barn & Facilities 50,000

(12) Department Of Juvenile Justice

(A) New Dorm 2,300,000

(B) Deferred Maintenance 500,000

(13) State Museum

Imagine Nation: Children's Museum

of the Upstate 1,200,000

(14) Department Of Parks, Recreation & Tourism

(A) Charlestown Landing 7,000,000

(B) Reedy River/Bike and

Walking Trail 500,000

(15) Department Of Archives & History

Old Exchange Building 850,000

(16) Department Of Mental Health

Veterans Nursing Homes 3,000,000

(17) Vocational Rehabilitation

Roof Repair 600,000

(18) Commission For The Blind

Building Life Safety Improvements 900,000

(19) Clemson-PSA

Baruch Institute 5,000,000

(20) School for the Deaf and the Blind

Life Safety Improvements 1,988,590

(21) State Ports Authority - Harbor

Dredging 2,400,000

(22) Judicial Department

Technology Upgrades 3,785,000

(23) Governor's Office-SLED

(A) Vehicles 1,500,000

(B) SC Amber Alert 4,000

(C) Equipment and Training 1,000,000

(24) Office Of Appellate Defense

Information Technology Upgrade 45,000

(25) Workers Compensation Commission

Computer Database 886,180

(26) Department Of Consumer Affairs

Computer Platform- DOTNET System 300,000

(27) Legislative Audit Council

Equipment 4,400

(28) Budget & Control Board

(A) SCEIS 5,500,000

(B) National Guard Pension

Fund - Administration 50,000

(29) University of South Carolina - Columbia

(A) Gambrell Hall Repairs 500,000

(B) West Campus Safety

Improvements 400,000

(C) Steamline Replacement/Repair 500,000

(30) State Board for Technical and

Comprehensive Education

York Technical College -

Infrastructure Project 522,000

(31) Adjutant General's Office

(A) Youth Challenge Program 250,000

(B) Emergency Preparedness

Federal Match 500,000

TOTAL 99,356,026

SECTION 2. (SDE: Buses, Parts, and/or Fuel) Funds appropriated for school bus purchases may be used to purchase buses, fuel, parts, or other school bus related items.

SECTION 3. The Comptroller General shall post the appropriations contained in this joint resolution in fiscal year 2005-2006. Unexpended funds appropriated pursuant to this joint resolution may be carried forward to succeeding fiscal years and expended for the same purpose.

SECTION 4. This joint resolution takes effect thirty days after the completion of the 2004-2005 fiscal year in accordance with the provisions of Article III, Section 36(B)(3)(a), Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code. /

The House respectfully informs your Honorable Body that it has appointed Reps. Harrell, Battle and Vaughn to the Committee of Free Conference on the part of the House on:

H. 3717 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 11, 2005

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:

H. 3717 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2004-2005.
Very respectfully,
Speaker of the House

Received as information.

H. 3717--ENROLLED FOR RATIFICATION

The Report of the Committee of Free Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

A message was sent to the House accordingly.

THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

CONCURRENCE

S. 739 (Word version) -- Senators Hawkins and Reese: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT THE TOWN OF INMAN'S TOWN LIMITS AT ITS INTERSECTION WITH UNITED STATES HIGHWAY 176 AND SOUTH CAROLINA HIGHWAY 292 THAT CONTAIN THE WORDS "INMAN, SOUTH CAROLINA HOME OF JEANNA RANEY MISS SOUTH CAROLINA 2001".

The House returned the Concurrent Resolution with amendments.

On motion of Senator HAWKINS, the Senate concurred in the House amendments and a message was sent to the House accordingly.

NONCONCURRENCE

S. 165 (Word version) -- Senators Elliott, Hayes, Alexander, Fair and Richardson: A BILL TO IMPLEMENT THE TRANSITION FROM THE USE OF MINIBOTTLES TO LIQUOR BY THE DRINK RELATING TO THE TAXATION, DISTRIBUTION, LICENSING OF SALES, PERMITS TO SELL ALCOHOL, TO ESTABLISH PENALTIES FOR A VIOLATION OF THE ACT, TO AMEND DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, AND MISCELLANEOUS OTHER PROVISIONS. (ABBREVIATED TITLE)

The House returned the Bill with amendments.

On motion of Senator McCONNELL, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

RECESS

At 2:06 P.M., on motion of Senator McCONNELL, the Senate receded from business pending the Ratification of Acts.

At 4:30 P.M., the Senate resumed.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 11, 2005, at 4:40 P.M. and the following Acts and Joint Resolutions were ratified:

(R65, S. 424 (Word version)) -- Senators Leatherman and Ryberg: AN ACT TO AMEND SECTION 56-3-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF CERTAIN FEES AND PENALTIES COLLECTED BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE DEPARTMENT ANNUALLY MUST PROVIDE THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK A REPORT FOR THE PREVIOUS FISCAL YEAR THAT LISTS THE TOTAL AMOUNT OF FEES AND PENALTIES IT COLLECTED PURSUANT TO THE PROVISIONS THAT ASSESS REGISTRATION AND LICENSING FEES FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES AND LICENSING FEES FOR FARM TRUCKS; AND TO AMEND SECTION 56-3-1230, AS AMENDED, RELATING TO LICENSE PLATE SPECIFICATIONS, AND THE ISSUANCE OF NEW LICENSE PLATES AND REVALIDATION STICKERS, SO AS TO PROVIDE THAT NEW LICENSE PLATES FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES AND FARM TRUCKS MUST BE PROVIDED BY THE DEPARTMENT OF MOTOR VEHICLES AT INTERVALS THE DEPARTMENT CONSIDERS APPROPRIATE AND TO PROVIDE THAT A PORTION OF THE FEES COLLECTED FOR THE REGISTERING AND LICENSING OF SELF-PROPELLED PROPERTY CARRYING VEHICLES AND LICENSING FARM TRUCKS SHALL NO LONGER BE PLACED IN A SPECIAL RESTRICTED ACCOUNT TO BE USED BY THE DEPARTMENT OF MOTOR VEHICLES FOR COSTS ASSOCIATED WITH THE PRODUCTION AND ISSUANCE OF NEW LICENSE PLATES.
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(R66, S. 427 (Word version)) -- Senators Campsen, Leatherman, Cleary, Fair, Malloy, Cromer, McGill, Mescher, Rankin, Ritchie, Lourie, McConnell, Martin, Ryberg, Bryant, Peeler, Grooms, Verdin, Sheheen, Short, Gregory, J. Verne Smith, Courson, Elliott, Alexander, Moore, Drummond, Hayes, Scott, Land, Williams, Thomas, Hutto and Matthews: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 9 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT, AFTER THE GENERAL ASSEMBLY CONVENES ON THE SECOND TUESDAY IN JANUARY OF EACH YEAR, THE SENATE AND THE HOUSE OF REPRESENTATIVES MAY RECEDE FOR A TIME PERIOD NOT TO EXCEED THIRTY CALENDAR DAYS BY A MAJORITY VOTE OF THE RECEDING BODY OR FOR MORE THAN THIRTY DAYS BY A TWO-THIRDS VOTE OF THE RECEDING BODY, TO PROVIDE THAT EACH BODY MAY PROVIDE FOR MEETINGS DURING THE LEGISLATIVE SESSION AS IT CONSIDERS APPROPRIATE AND TO AUTHORIZE AN ORGANIZATIONAL SESSION FOLLOWING THE ELECTION OF SENATORS; AND TO AMEND ARTICLE III BY DELETING SECTION 21, WHICH PROVIDES THAT NEITHER HOUSE, DURING THE SESSION OF THE GENERAL ASSEMBLY, SHALL WITHOUT THE CONSENT OF THE OTHER ADJOURN FOR MORE THAN THREE DAYS, NOR TO ANY OTHER PLACE THAN THAT IN WHICH IT SHALL BE AT THE TIME SITTING.
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(R67, S. 506 (Word version)) -- Senator Scott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-11-65 SO AS TO PROVIDE THAT WHEN BONDING OF COUNTY OFFICIALS OR EMPLOYEES IS STATUTORILY REQUIRED, THE GOVERNING BODY OF A COUNTY MAY PURCHASE A FIDELITY BOND TO COVER ALL OR A PORTION OF THE COUNTY OFFICIALS AND EMPLOYEES, TO SPECIFY WHEN A FIDELITY BOND MAY BE USED INSTEAD OF CERTAIN STATUTORY BOND REQUIREMENTS, TO REQUIRE THE PURCHASE OF A FIDELITY BOND OR THE REPLACEMENT OF AN EXISTING BOND WITH A FIDELITY BOND COVERING ONE OR MORE COUNTY OFFICIALS OR EMPLOYEES TO BE EVIDENCED BY THE PASSAGE OF A RESOLUTION BY THE COUNTY'S GOVERNING BODY, AND TO REQUIRE THE FIDELITY BOND MUST MEET OR EXCEED THE MINIMUM VALUE OF THE BOND REQUIRED BY A STATUTE FOR THE COVERED OFFICIALS OR EMPLOYEES.
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(R68, S. 581 (Word version)) -- Senator Lourie: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 41 SO AS TO ENACT THE "BOILER SAFETY ACT" TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PROMULGATE REGULATIONS FOR THE SAFE INSTALLATION AND INSPECTION OF BOILERS IN THIS STATE, INCLUDING REQUIRING NATIONAL BOILER REGISTRATION AND CONFORMITY WITH NATIONAL INSTALLATION STANDARDS AND TO REQUIRE INSPECTION OF EXISTING BOILERS; TO EXEMPT CERTAIN BOILERS FROM REGULATION UNDER THIS CHAPTER; TO IDENTIFY STANDARDS FOR WORKING PRESSURE OF A BOILER; TO AUTHORIZE THE APPOINTMENT OF A CHIEF BOILER ADMINISTRATOR FOR THE PURPOSE OF ENFORCING THE LAWS OF THIS STATE REGULATING THE USE OF BOILERS; TO PROVIDE FOR THE CERTIFICATION AND REGULATION OF SPECIAL BOILER INSPECTORS; TO PROVIDE BOILER INSPECTION TIMEFRAMES, CRITERIA, AND REPORTING REQUIREMENTS; AND TO PROVIDE CIVIL PENALTIES; AND TO AMEND SECTION 40-11-410, RELATING TO CONTRACTOR LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS, INCLUDING BOILER INSTALLATION SUBCLASSIFICATION REQUIREMENTS, SO AS TO AUTHORIZE CREDENTIALS FROM THE NATIONAL BOARD OF BOILER AND PRESSURE VESSEL INSPECTORS AS SUFFICIENT FOR LICENSURE UNDER THIS SUBCLASSIFICATION.
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(R69, S. 803 (Word version)) -- Senators Rankin and Elliott: AN ACT TO AMEND SECTION 41-18-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN THE "SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE", SO AS TO DEFINE "CATAPULTING AMUSEMENT RIDE"; TO ADD SECTION 41-18-160 SO AS TO ESTABLISH CRITERIA FOR OBTAINING A PERMIT FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR THE OPERATION OF A CATAPULTING AMUSEMENT RIDE; TO AMEND SECTION 52-19-20, AS AMENDED, RELATING TO THE DEFINITION OF "BUNGEE JUMPING", SO AS TO DELETE REFERENCES TO THE CORD USED IN BUNGEE JUMPING BEING MADE OF WIRE ROPE, CABLE, OR SPRINGS OR OTHER DEVICE SIMILAR IN DESIGN OR USE; AND TO AMEND SECTION 52-19-50, AS AMENDED, RELATING TO DEFINITION OF TERMS USED IN CONNECTION WITH PERMITTING AND REGULATING BUNGEE JUMPING, SO AS TO REVISE THE DEFINITION OF "BUNGEE CATAPULTING", SO AS TO CONFORM THIS DEFINITION TO THE DEFINITION OF "BUNGEE CATAPULTING" AS PROVIDED FOR IN SECTION 41-18-10.
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(R70, H. 3304 (Word version)) -- Reps. Witherspoon, Wilkins, Harrell, Jennings, Battle, Cotty, Cato, Barfield, Hosey, Allen, Altman, Anderson, Bales, Bowers, Brady, Branham, G. Brown, J. Brown, Chalk, Chellis, Clemmons, Clyburn, Coates, Dantzler, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Hardwick, Harrison, Harvin, Hayes, J. Hines, M. Hines, Kennedy, Kirsh, Lee, Littlejohn, Loftis, McCraw, McGee, McLeod, Merrill, Miller, J.M. Neal, Neilson, Ott, Phillips, M.A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, J.R. Smith, Taylor, Umphlett, Vick, Viers, Young and Bailey: AN ACT TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR FURTHER ENFORCEMENT OF THE TOBACCO ESCROW FUND ACT, INCLUDING BOTH CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, TO AMEND SECTION 11-47-30, RELATING TO THE REQUIREMENT FOR A TOBACCO PRODUCT MANUFACTURER TO EITHER PARTICIPATE IN THE MASTER SETTLEMENT AGREEMENT OR DEPOSIT MONIES INTO A QUALIFIED ESCROW FUND, SO AS TO PROVIDE THAT ESCROW PAYMENTS REQUIRED OF A NONPARTICIPATING TOBACCO PRODUCTS MANUFACTURER AND ANY REFUND OF AN ESCROW OVERPAYMENT BY SUCH A MANUFACTURER ARE BASED ON UNITS SOLD IN THIS STATE COMPARED WITH MASTER SETTLEMENT AGREEMENT PAYMENTS RATHER THAN AN ALLOCABLE SHARE, TO AMEND SECTIONS 11-49-60 AND 11-49-150, RELATING TO THE POWERS OF THE BOARD OF THE TOBACCO SETTLEMENT REVENUE MANAGEMENT AUTHORITY ACT AND THE CONSENT TO AND APPROVED BY THE GENERAL ASSEMBLY TO THE TOBACCO MASTER SETTLEMENT AGREEMENT, SO AS TO DELETE THE REQUIREMENT THAT THE GENERAL ASSEMBLY APPROVE ANY AMENDMENT TO THE AGREEMENT BEFORE THE BOARD MAY APPROVE SUCH AN AMENDMENT AND TO ALLOW THE BOARD OF THE AUTHORITY TO APPROVE SUCH AMENDMENTS ON BEHALF OF THE STATE IF SUCH AMENDMENTS DO NOT DIMINISH THE RIGHTS AND REMEDIES OF THE AUTHORITY AND BONDHOLDERS.
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(R71, H. 3312 (Word version)) -- Reps. Witherspoon and Vick: AN ACT TO AMEND SECTION 56-3-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FARM TRUCK LICENSE FEES, SO AS TO REVISE THE DEFINITION OF THE TERM "FARM TRUCK".
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(R72, H. 3347 (Word version)) -- Reps. Scott, Cato, Tripp, J. Hines, Hosey, M. Hines, Vaughn, Bales, Battle, Branham, Breeland, R. Brown, Davenport, Hamilton, Haskins, Jennings, Leach, Loftis, Miller, Rhoad, Rivers and G.R. Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-1655 SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION SHALL APPROVE AND ADOPT ONE VOTING SYSTEM OR MULTIPLE VOTING SYSTEMS IF IT DOES NOT APPROVE AND ADOPT ONE VOTING SYSTEM TO BE USED TO CONDUCT ELECTIONS IN THIS STATE, TO DEFINE "VOTING SYSTEM", AND TO PROVIDE THE DUTIES AND RESPONSIBILITIES OF THE COMMISSION REGARDING THE VOTING SYSTEM ADOPTED; TO AMEND SECTION 7-13-1320, RELATING TO THE PROCUREMENT AND USE OF VOTE RECORDERS, SO AS TO AUTHORIZE THE USE OF AN "OPTICAL SCAN VOTING SYSTEM" INSTEAD OF "VOTE RECORDERS" FOR USE IN ABSENTEE PRECINCTS; TO AMEND SECTIONS 7-13-1330 AND 7-13-1620, BOTH AS AMENDED, RELATING TO THE VOTING MACHINE APPROVAL PROCESS, SO AS TO CHANGE REFERENCES TO AN "OPTICAL SCAN VOTING SYSTEM" AND DELETE REFERENCES TO A SYSTEM BEING APPROVED BY AN INDEPENDENT TESTING AUTHORITY AND TO PROVIDE A PROCEDURE FOR REPORTING DECERTIFICATION BY A VENDER WHO HAS BEEN APPROVED OR IS SEEKING APPROVAL WHEN HE HAS COMMITTED ETHICAL OR TECHNICAL VIOLATIONS IN ANOTHER STATE; AND TO REPEAL SECTION 7-13-1310 RELATING TO THE USE OF VOTE RECORDERS, AND SECTION 7-13-1660 RELATING TO THE ACQUISITION AND USE OF APPROVED VOTING MACHINES BY A COUNTY OR MUNICIPALITY.
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(R73, H. 3716 ) -- Ways and Means Committee: AN ACT TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 2005; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.
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